Welcome to TheCGBros Terms of Service. Please take a moment to review and accept them by checking the box & filling in your info below. Click on the “Go to Upload Area” button to submit your files and be sure to use the code “cgb_film“.
Terms of ServiceTheCGBros Terms of ServiceTerms of Service
Last updated: January 1, 2016
1. Your relationship with TheCGBros
1.1 Your use of TheCGBros website (the "Website") and any TheCGBros products, channels, software, data feeds and services, provided to you on or from or through the Website by TheCGBros or on or from or through any channel operated by TheCGBros on any other service or media streaming service or media player (collectively the "Service") is subject to the terms of a legal agreement between you and TheCGBros. "TheCGBros" means Johnston Media Group, Inc., a California corporation, whose principal place of business is at 2127 Olympic Parkway, Suite 1006-0251, Chula Vista, California 91915, United States.
Last modified: January 01, 2016
There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. As you use our services, we want to make sure you understand how we’re using information and the ways in which you can protect your privacy.
- What information we collect and why we collect it.
- How we use that information.
- The choices we offer, including how to access and update information.
We’ve tried to keep it as simple as possible. Your privacy matters to TheCGBros, so please take the time to get to know our practices.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which advertisements might be most useful to you, the type of content you upload or view and the people you communicate with through our site.
We collect information in the following ways:
- Information you give us. For example, many of our services require you to sign up for an account on TheCGBros Platform. When you do, we may ask for “personal information”, such as your name, email address, telephone number or credit card to set up your account. If you want to take full advantage of the Platform features, we might also ask you to create a publicly visible profile, which may include your name and photo.
- Device Information
We collect device-specific information (such as your hardware model, operating system version, and mobile network information including phone number). TheCGBros may associate your device or phone number with your account with TheCGBros;
- Log Information
When You use Our services or view content provided by Us, we automatically collect and store certain information on Our servers. This includes information such as:
- details of how you used our service;
- telephone information like your phone number; or
- internet protocol address (or “IPA”);
- Location information
When you use Our services, We may collect and process information about your actual location using various technologies, including IP address, GPS and other sensors
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new services and to protect Us and our Users. We also use this information to offer you tailored content, such as giving you suggestions for other content you may be interested in and providing more relevant advertisements
We may use the name you provide for your profile with TheCGBros across all of the services we offer that require an account with TheCGBros. If You choose to upload content such as videos or other information that identifies You, onto TheCGBros Platform, We may show them Your publicly visible profile information, such as Your name and photo.
If you have an account with TheCGBros, we may display your profile name, profile photo, and actions you take on TheCGBros Platform or on third-party applications connected to Your account (such as reviews you write and comments you post) in our services. We will respect the choices you make to limit sharing or visibility settings in your account with TheCGBros.
When you contact Us, we keep a record of Your communication to help solve any issues You might be facing. We may use Your email address to inform You about our services, such as letting You know about upcoming changes or improvements.
TheCGBros may process personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.
Information You Share
Many of our services let You share information with others. Remember that when You share information publicly, it may be indexable by search engines. Although our services provide You with different options on sharing and removing Your content, be aware that once any content is shared on the Internet, it may be extremely difficult to remove completely or permanently.
Accessing and Updating Your Personal Information
Whenever You use Our services, We aim to provide You with access to Your personal information. If that information is wrong, We strive to give You ways to update it quickly or to delete it – unless We have to keep that information for legitimate business or legal purposes. When updating Your personal information, We may ask You to verify Your identity before We can act on Your request.
Where We can provide information access and correction, We will do so with no additional cost, except where it would require a disproportionate effort. We aim to maintain Our services in a manner that protects information from accidental or malicious destruction. Because of this, after You delete information from Our services, We may not immediately delete residual copies from Our active servers and may not remove information from Our backup systems.
Information We Share
We do not share personal information with companies, organizations and individuals outside of TheCGBros unless one of the following circumstances applies:
- With your consent: We will share personal information with companies, organizations or individuals outside of TheCGBros when we have your consent to do so. Note that uploading content to TheCGBros Platform constitutes Your express consent for that information to be shared.
- For legal reasons: We will share personal information with companies, organizations or individuals outside of TheCGBros if We have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of TheCGBros, our users or the public as required or permitted by law.
We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show about the general use of our services or content on TheCGBros Platform.
Compliance and cooperation with regulatory authorities
2127 Olympic Parkway, Suite 1006
Chula Vista, CA 91915
1.3 The Terms form a legally binding agreement between you and TheCGBros in relation to your use of the Service. This is a legally binding contract so it is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that TheCGBros will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with TheCGBros, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
3. Changes to the Terms
TheCGBros reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must review the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://www.thecgbros.com/terms-service-agreement/ or made available within the Service. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. TheCGBros accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a TheCGBros account. When creating your account, you must provide accurate and complete information. It is important that you must keep passwords to your account or accounts with TheCGBros secure and confidential.
4.2 You must notify TheCGBros immediately of any breach of security or unauthorized use of your TheCGBros account that you become aware of.
4.3 You agree that you will be solely responsible (to TheCGBros, and to others) for all activity that occurs under your account with TheCGBros.
5. General restrictions on use
5.1 TheCGBros hereby grants you permission to access and use the Service, subject to the express conditions contained in this section 5 of these Terms, and you agree that your failure to adhere to any of the conditions contained in this section shall constitute a breach of these Terms on your part.
5.2 With respect to your use of the Website or the Services, you agree that you will not:
A. provide any false personal information on TheCGBros Website or in connection with the Services, or create an account for anyone other than yourself without permission;
B. create more than one personal account;
C. impersonate any person or entity;
D. if TheCGBros disables your account, you will not create another one without TheCGBros’ permission;
E. share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
F. post anyone's identification documents or sensitive information on TheCGBros’ Website;
G. "stalk" or otherwise harass any person;
H. express or imply that any statements you make are endorsed by TheCGBros, without TheCGBros’ specific prior written consent;
I. attempt in any manner or by any means to retrieve, index, "data mine", or reproduce or circumvent the navigational structure or presentation of the Services or its contents;
J. use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K. solicit, for commercial purposes, any users of the Website with respect to their Content
L. infringe in any way (whether through posting, distributing, reproducing or otherwise) on any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
M. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
N. "mirror" or "frame" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or TheCGBros Platform in order to direct any person to any other web site for any purpose;
O. access Content through any technology or means other than the video playback pages of the Website itself or such other means as TheCGBros may explicitly designate for this purpose
P. distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without TheCGBros' prior written authorization; or
Q. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
5.3 You further agree that Your Information and Your interactions on TheCGBros’ Website shall not:
A. be false, inaccurate or misleading (directly or by omission or failure to update your information);
B. infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
C. violate any law, statute, ordinance or regulation; or
D. you further agree that You will not transfer, use, or sell your account with TheCGBros to any another party.
TheCGBros reserves the right, but has no obligation, to reject any Content provider or to remove any user content that we believe does not comply with these prohibitions.
5.4. Commercial uses for the Website and the Services
A. you agree not to use the Service for any of the following commercial uses unless you obtain TheCGBros' prior written approval:
i. the sale of access to the Service;
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from TheCGBros appears on the same page and is of sufficient value to be the basis for such sales
B. prohibited commercial uses shall not include (i) uploading an original video to TheCGBros, (ii) maintaining Content on the Website in order to promote a business or artistic enterprise, (iii) showing videos through an ad-enabled blog or website; and (iv) any use that is expressly authorized by TheCGBros in writing;
5.5 TheCGBros grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TheCGBros reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion.
5.6 TheCGBros is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which TheCGBros provides may change from time to time without prior notice to you.
5.7 As part of this continuing innovation, you acknowledge and agree that TheCGBros may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at TheCGBros' sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform TheCGBros when you stop using the Service.
5.8 You agree that you are solely responsible for (and that TheCGBros has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TheCGBros may suffer) of any such breach. You agree to indemnify, defend, and hold Us and Our officers, directors, employees, agents, affiliates and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees), without regard to the negligence of any third party, including any indemnified person or entity, relating to or arising out of Your use of the Service or breach of these Terms.
6. Copyright policy
6.1 TheCGBros respects the intellectual property of others, and expects you to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to TheCGBros’ address first listed above:
A. your full name, address, telephone number, and e-mail address;
B. a description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringed is located. Include enough information to allow TheCGBros to locate the material, and explain why you think an infringement has taken place;
C. a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted;
D. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and
F. an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
6.2 As part of TheCGBros' copyright policy, TheCGBros will terminate user ability to contribute Content to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 As a TheCGBros account holder you may submit Content. You understand that whether or not Content is published, TheCGBros does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to TheCGBros and other users of the Service. These are described in paragraph 8 of these Terms (Rights you license).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. TheCGBros does not endorse any Content or any opinion, recommendation, or advice expressed therein, and TheCGBros expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable TheCGBros to use your Content for the purposes of the provision of the Service by TheCGBros, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for TheCGBros to use or possess in connection with the provision of the Service.
7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant TheCGBros the license referred to in paragraph 8.1 below.
7.7 On becoming aware of any potential violation of these Terms, TheCGBros reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheCGBros and TheCGBros Content contributors with respect to any such Content.
8. Rights you license
8.1 When you upload or post Content to TheCGBros, you grant:
A. unless otherwise agreed in writing, to TheCGBros, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and TheCGBros' business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. TheCGBros content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to TheCGBros, and is subject to copyright, trade mark rights, and other intellectual property rights of TheCGBros or TheCGBros's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of TheCGBros or, where applicable, TheCGBros' licensors. TheCGBros and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from TheCGBros
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by TheCGBros. TheCGBros has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that TheCGBros is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that TheCGBros is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Ending your relationship with TheCGBros
11.1 The Terms will continue to apply until terminated by either you or TheCGBros as set out below.
11.2 If you want to terminate your legal agreement with TheCGBros, you may do so by (a) notifying TheCGBros at any time and (b) closing your TheCGBros account. Your notice should be sent, in writing, to TheCGBros' address which is set out at the beginning of these Terms.
11.3 TheCGBros may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. TheCGBros is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 TheCGBros may terminate its legal agreement with you if:
A. TheCGBros is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by TheCGBros is, in TheCGBros' opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TheCGBros have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and TheCGBros makes no warranty or representation to you with respect to them.
12.3 In particular TheCGBros does not represent or warrant to you that:
A. your use of the Service will meet your requirements,
B. your use of the Service will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit TheCGBros' liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above TheCGBros shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which TheCGBros may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide TheCGBros with accurate account information;
v. your failure to keep your password or TheCGBros account details secure and confidential.
13.3 The limitations on TheCGBros' liability to you in paragraph 13.2 above shall apply whether or not TheCGBros has been advised of or should have been aware of the possibility of any such losses arising.
14. Agreement to Arbitrate All Disputes and Legal Claims
Important Note Regarding this Section:
• Arbitration does not limit or affect the legal claims you may bring against TheCGBros. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.
• Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
• Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with TheCGBros.
• IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against TheCGBros on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against TheCGBros. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against TheCGBros by someone else.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
14.1 How this arbitration provision applies
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse You from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
Except as otherwise provided, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.
Except as otherwise provided, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with TheCGBros, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by TheCGBros and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.
14.2 Limitations on how this agreement applies
The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Section of this Agreement shall not apply:
Claims for workers compensation, state disability insurance and unemployment insurance benefits;
Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor June 20, 2014 15 (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration;
Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision;
Disputes regarding the Intellectual Property Rights of the parties; or
This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
14.3 Selecting the arbitrator and location of the arbitration
The Arbitrator shall be selected by mutual agreement of TheCGBros and You. Unless You and TheCGBros mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here:
The arbitration proceeding take place exclusively in San Diego, California, unless each party to the arbitration agrees in writing otherwise.
14.4 Starting the arbitration
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to TheCGBros shall be provided to Arbitration Department, TheCGBros, LLC, 16630 Jersey Street, Granada Hills, California 91344. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
14.5 How arbitration proceedings are conducted
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
You and TheCGBros agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
While TheCGBros will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, TheCGBros shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.
14.6 Paying for the arbitration
In the event of Arbitration, the prevailing party is entitled to recover reasonable attorney’s fees. In all cases where required by law, TheCGBros will pay the Arbitrator's and arbitration fees. If under applicable law TheCGBros is not required to pay all of the Arbitrator's and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
14.7 The arbitration hearing and award
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
14.8 Your right to opt out of arbitration
Arbitration is not a mandatory condition of your contractual relationship with TheCGBros. If You do not want to be subject to this Arbitration Provision, You may opt out of this Arbitration Provision by notifying TheCGBros in writing of Your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by You, electronic mail to firstname.lastname@example.org stating Your name and intent to opt out of this Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) to:
Johnston Media Group, Inc.
2127 Olympic Parkway, Suite 1006-0251
Chula Vista, California 91915
In order to be effective, the letter under option (2) must clearly indicate Your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by You. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by TheCGBros. Should you not opt out of this Arbitration Provision within the 30-day period, you and TheCGBros shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.
14.9 Enforcement of these Terms
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection 14.2, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. By continued use of the Website or the Services, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of these Terms and that you are legally able and competent to enter into this Agreement with TheCGBros.
15. General legal terms
15.1 The Terms constitute the entire legal agreement between you and TheCGBros and govern your use of the Service and completely replace any prior agreements between you and TheCGBros in relation to the Service.
15.2 You agree that TheCGBros may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
15.3 You agree that if TheCGBros does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TheCGBros has the benefit of under any applicable law), this will not be taken to be a formal waiver of TheCGBros' rights and that those rights or remedies will still be available to TheCGBros.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 The Terms, and your relationship with TheCGBros under the Terms, shall be governed by the law of the State of California in the United States. You and TheCGBros agree to submit to the exclusive jurisdiction of the courts of San Diego, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TheCGBros shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.